Madras High Court
CMP(MD)/9438/2024 of P.Dheeba Vs P.Suseela on 15 September 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 15.09.2026
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
and
THE HONOURABLE MRS.JUSTICE M.D.SUMATHI
CMP(MD) NO. 9438 of 2024
{CNR: HCMD010657802024}
Case QR
IN
AS(MD) SR NO. 34379 OF 2024
P.Dheeba
... Petitioner
Vs.
1.P.Suseela
P.Gopikanna (Died)
2.The Branch Manager,
Canara Bank,
Gnanaolivupuram Branch,
Madurai.
3.The Branch Manager,
State Bank of India,
Nagamalaipudkkottai Branch,
Madurai.
4.Prema
5.Minor Logitha
Rep. by her mother
Prema/4th respondent.
... Respondents
Prayer in C.M.P.(MD)No.9438 of 2024 : Miscellaneous Petition is filed Under Section 5 of the Limitation Act, to condone the delay of 4784 days in preferring the appeal suit in AS(MD) SR No.34379 of 2024 on the file of this Court.
Prayer in A.S.(MD)No.SR34379 of 2024: Appeal Suit is filed under Section 96 of the Civil Procedure Code, to set aside the judgment and decree dated 05.12.2008 made in O.S.No.133 of 2006 on the file of the Additional District Court (Fast Track Court No.1), Madurai.
For Petitioner
: Mr.K.Muraleedharan,
For Mr.S.Ramakrishnan.
For Respondents : Mr.S.Natesh Raja for R1
No appearance for R2 & R3
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
(By G.R.Swaminathan, J.) The petitioner herein was the second plaintiff in O.S.No.133 of 2006 on the file of Additional District Court (Fast Track Court No.1), Madurai. It was a suit for partition. Preliminary decree was passed on 05.12.2008. Aggrieved by the disallowed portion, the first plaintiff/Suseela filed A.S.(MD)No.121 of 2009. The petitioner herein was shown as the first respondent in the said appeal. For reasons that are not quite clear, A.S.(MD)No.121 of 2009 filed by Suseela/first plaintiff/mother of the petitioner herein was dismissed as against this petitioner. The appeal itself came to be disposed of on 09.12.2013 in the following terms:- “15. In fine, this appeal suit is allowed without costs and the Judgment and decree passed in Original Suit No.133 of 2006 by the Additional District and Sessions Court/Fast Track Court No. I, Madurai are modified as follows: The appellant/first plaintiff is entitled to get a decree of partition in respect of suit third item as prayed for and to that Since the first extent also the suit is decreed without costs. respondent/second plaintiff has not joined in the present appeal as one of the appellants, the trial Court is directed to pass a modified preliminary decree only in respect of the share of the appellant/ first plaintiff. Consequently, connected Miscellaneous Petition is closed.”
2. When the preliminary decree passed by the Court below had already been dealt in A.S.(MD)No.121 of 2009, it may not be appropriate for us to entertain one more appeal against the very same preliminary decree. This petition is therefore not maintainable. That apart, the delay occasioned in filing this appeal is huge. No sufficient cause has been set out. The petitioner states that she was not on good terms with her mother and that therefore, the delay has occurred. This cannot be said to be a reason at all.
3. Be that as it may, the petitioner's grievance is confined to the third item of suit schedule alone. It is a fixed deposit created by Pandiyarajan, father of the petitioner herein with Canara Bank/second defendant. All the other parties to the suit have withdrawn their respective shares. The petitioner's share alone still remains with the second defendant. The petitioner is permitted to withdraw whatever is lying to her credit. The second defendant in O.S.No.133 of 2006 on the file of Additional District Court (Fast Track Court No.1), Madurai is directed to disburse the amount lying to the credit of the petitioner herein to her.
4. With the aforesaid direction, this civil miscellaneous petition is disposed of. Consequently, connected AS(MD) SR No.34379 of 2024 is also disposed of at the SR stage itself. (G.R.S. J.,) & (M.D.S. J.,) 15.09.2026 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To: The Additional District Court (Fast Track Court No.1), Madurai.
G.R.SWAMINATHAN, J. and M.D.SUMATHI
, J.
ias C.M.P.(MD)No.9438 of 2024 in A.S.(MD)No.SR34379 of 2024
15.09.2026